Page 1 of 47 Request for Tender: CJC/AIR001/2020 Prospective Bidders are hereby invited to submit a bid for specified requirements of the Central Johannesburg TVET College. PLEASE NOTE THAT THIS BID IS SUBJECT TO THE COLLEGE SCM POLICY, THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 AND THE GENERAL CONDITIONS OF CONTRACT. SBD 1 Description APPOINTMENT OF A SERVICE PROVIDER FOR AIRCON REPAIRS, MAINTENANCE AND INSTALLATION OF NEW AIRCONDITIONERS AT CENTRAL JOHANNESBURG TVET COLLEGE AS PER ANNEXURE A Full Name of Bidding/Biding Entity: Contact Person: Tel Number: Advert Date: 2 nd September 2020 Briefing Session: No site briefing Closing Date and Time: 13 th September 2020, 10h00 AM Issued by: Central Johannesburg TVET College Bid Validity Period 90 days from closing date Enquiries [email protected] (only emailed enquiries will be attended to)
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Page 1 of 47
Request for Tender: CJC/AIR001/2020
Prospective Bidders are hereby invited to submit a bid for specified requirements of the Central
Johannesburg TVET College.
PLEASE NOTE THAT THIS BID IS SUBJECT TO THE COLLEGE SCM POLICY, THE PREFERENTIAL
PROCUREMENT REGULATIONS 2017 AND THE GENERAL CONDITIONS OF CONTRACT.
SBD 1
Description APPOINTMENT OF A SERVICE PROVIDER FOR AIRCON REPAIRS, MAINTENANCE
AND INSTALLATION OF NEW AIRCONDITIONERS AT CENTRAL JOHANNESBURG
TVET COLLEGE AS PER ANNEXURE A
Full Name of Bidding/Biding
Entity:
Contact Person:
Tel Number:
Advert Date: 2nd September 2020
Briefing Session: No site briefing
Closing Date and Time: 13th September 2020, 10h00 AM
Issued by: Central Johannesburg TVET College
Bid Validity Period 90 days from closing date
Enquiries [email protected] (only emailed enquiries will be attended
to)
Page 2 of 47
CSD Registration number
Please indicate whether a document is the original or copy, tick the applicable block.
(Required: 1 Original and 1 Copy)
ORIGINAL
Copy
NUMBER
DUE TO COVID-19 ALL BIDS ARE TO BE SUBMITTED ELECTRONICALLY BY EMAILING
[email protected] and carbon copy [email protected]
*It is the responsibility of the bidder to ensure that all documentation is compressed and arrives to
the institution on time and in the format suitable for bidding.
Bidders should ensure that bids are delivered timeously to the correct email address. If the bid is late, it will
not be accepted for consideration. All bids must be submitted on the official forms (not to be re-typed).
THE FOLLOWING PARTICULARS MUST BE FURNISHED, (FAILURE TO DO SO MAY RESULT IN
YOUR BID BEING DISQUALIFIED):
Name of bidder
Postal Address
Street Address
Telephone Number
Code: Number:
Page 3 of 47
Cell-phone Number
Facsimile Number
Email Address
VAT Registration Number
Is the Service Provider Registered on CSD? MAAA Number:
Has a B-BBEE Status Level Verification Certificate been submitted? (SBD 6.1)
If yes, who was the certificate issued by? [tick applicable box]
An accounting officer as contemplated in the Close Corporation Act (CCA)
A verification agency accredited by the South African Accreditation System (SANAS)
A registered auditor
Sworn Affidavit or a B- BBEE status level verification certificate
Page 4 of 47
Are you an accredited representative in South Africa for the goods / services / work offered?
Total Bid Price:
Total number of items offered:
Signature of bidder ..……………………………………………………….
Capacity under which this bid is signed
..…………………………………………………………
Date
..……………………………………………………….
Page 5 of 47
GLOSSARY
Award Letter Conclusion of the procurement process and final notification to the successful bidder
B-BBEE Broad-based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) and the Codes
of Good Practice issued thereunder by the Department of Trade and Industry
Bid Written offer in a prescribed or stipulated form in response to an invitation by Central
Johannesburg TVET College for the provision of goods, works or services
Service
Provider
Organization with whom Central Johannesburg TVET College will conclude a contract
and potential service level agreement subsequent to the final award of the contract
based on this Request for Bid
Core Team Team members who fill the non-administrative positions against which the experience will
be measured.
EME Exempted Micro Enterprise in terms of the Codes of Good Practice
GCC General Conditions of Contract
Original Bid Original document signed in ink, or Copy of original document signed in ink
Originally
certified
To comply with the principle of originally certified, a document must be both stamped and
signed in original ink by a Commissioner of oaths.
SCM Supply Chain Management
SLA Service Level Agreement
TOR Terms of Reference
Page 6 of 47
PRE-QUALIFICATION CRITERIA / MANDATORY REQUIREMENTS
Without limiting the generality of the Central Johannesburg TVET College’s other critical requirements for
this Bid, bidder(s) must submit the documents listed in Table 1 and 2 below All documents must be
completed and signed by the duly authorised representative of the prospective bidder(s). During this phase,
Bidders’ responses will be evaluated based on compliance with the listed administration and mandatory bid
requirements. The bidder(s) proposal will be disqualified for non-submission OR noncompliance of any of
the documents.
TABLE: 1 - CHECKLIST OF DOCUMENTS TO BE SUBMITTED (PLEASE TICK IN THE RELEVANT BLOCK
BELOW)
DOCUMENT DESCRIPTION YES NO
The company must be registered as a service provider on the Central
Supplier Database (CSD). If you are not registered proceed to complete
the registration of your company prior to submitting your proposal. Visit
https://secure.csd.gov.za/ to obtain your vendor number. Submit proof of
registration. Bidders Tax Compliance Status will also be verified on the
system.
Company Profile with name and physical office address, contact details,
names of directors, Certified ID Copies of all shareholders/directors of the
registered company
Bidders are required to submit scanned original or certified valid B-BBEE
certificates / Sworn Affidavit or certified copies in order to substantiate their
rating claims. Non-submission will lead to a zero (0) score on BBBEE but the
bidder will not be disqualified from the process.
Registration with CIDB GRADE 2 ME or above
Page 7 of 47
TABLE: 2 - CHECKLIST OF DOCUMENTS TO BE COMPLETED / SIGNED / INITIALED
(PLEASE TICK IN THE RELEVANT BLOCK BELOW) A bidder that does not fully complete, sign and initial
the SBD Forms, where required, will be disqualified from the process.
Required Documents YES NO
General Conditions of Contract (duly initialled per page)
SBD 1 (Fully Completed and Signed)
SBD 2 (Fully Completed and Signed)
SBD 3.3 (Fully Completed and Signed)
SBD 4: Fully Completed and signed Declaration of Interest
accompanied by clear and certified copies of directors/members
identity documents.
SBD 6.1: Fully Completed and signed Preference Points Claim
Form in terms of the Preferential Procurement Regulations 2017
Non-submission will lead to a zero (0) score on BBBEE in line
with the Prequalification Criteria set out in the bid document
SBD 8: Fully Completed and signed Declaration of Bidder’s past
Supply Chain Management practices
SBD 9: Fully Completed and signed Certificate of Independent
Bid Determination
Authority to Sign Bid Form (if not a director of the firm)
If yes, the identity of the principal is noted below:
Page 8 of 47
Declaration
I/We have examined the information provided in your bid documents and offer to undertake the work
prescribed in accordance with the requirements as set out in the bid document. The prices quoted in
this bid are valid for the stipulated period. I/We confirm the availability of the proposed team members.
We confirm that this bid will remain binding upon us and may be accepted by you at any time before
the expiry date.
Signature of bidder:
Date:
..…………………………………………… ..……………………………………………
W: www.cjc.edu.za
SBD1
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC
ENTITY)
BID NUMBER: CJC/AIR001/2020
CLOSING
DATE:
13th September
2020
CLOSING
TIME:
10H00AM
DESCRIPTION TO REPAIR, MAINTAIN AND INSTALL NEW AIRCONDITIONERS AT CENTRAL
JOHANNESBURG TVET COLLEGE AS PER ANNEXURE A
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM
(SBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN
ELECTRONICALLY BY EMAILING [email protected] and carbon copies to [email protected]
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER
CODE
NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER
CODE
NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
TCS PIN:
OR
CSD No:
B-BBEE STATUS LEVEL
VERIFICATION CERTIFICATE
[TICK APPLICABLE BOX]
Yes
No
B-BBEE
STATUS
LEVEL
SWORN
AFFIDAVIT
Yes
No
IF YES, WHO WAS THE
CERTIFICATE ISSUED BY?
AN ACCOUNTING OFFICER AS
CONTEMPLATED IN THE
CLOSE CORPORATION ACT
(CCA) AND NAME THE
APPLICABLE IN THE TICK BOX
AN ACCOUNTING OFFICER AS CONTEMPLATED IN
COMPANIES ACT
A VERIFICATION AGENCY ACCREDITED BY THE SOUTH
AFRICAN ACCREDITATION SYSTEM (SANAS)
A REGISTERED AUDITOR
NAME:
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST
BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS
/SERVICES /WORKS
OFFERED?
Yes No
[IF YES ENCLOSE PROOF]
ARE YOU A
FOREIGN BASED SUPPLIER FOR THE GOODS
/SERVICES /WORKS OFFERED?
Yes No
[IF YES ANSWER
PART B:3 BELOW ]
SIGNATURE OF BIDDER
………………………………
DATE
CAPACITY UNDER WHICH
THIS BID IS SIGNED (Attach
proof of authority to sign this bid;
e.g. resolution of directors, etc.)
TOTAL NUMBER OF ITEMS
OFFERED
TOTAL BID PRICE
(ALL INCLUSIVE)
BIDDING PROCEDURE ENQUIRIES MAY BE
DIRECTED TO:
TECHNICAL INFORMATION MAY BE DIRECTED
TO:
DEPARTMENT/ PUBLIC ENTITY
CONTACT PERSON
CONTACT PERSON
TELEPHONE NUMBER
TELEPHONE NUMBER
FACSIMILE NUMBER
FACSIMILE NUMBER
E-MAIL ADDRESS
E-MAIL ADDRESS
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE EMAIL ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE- TYPED) OR ONLINE
1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.
1.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.
1.5. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT
2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL
CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER LEGISLATION OR
SPECIAL CONDITIONS OF CONTRACT.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E- FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE PROOF OF TCS / PIN / CSD NUMBER.
2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER
DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)?
YES NO
3.2 DOES THE BIDDER HAVE A BRANCH IN RSA?
YES NO
3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA?
YES NO
3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA?
YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN
A TAX COMPLIANCE STATUS / TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH
AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.
NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
2. SPECIFICATIONS AND TERMS OF REFERENCE
2.1. OVERVIEW
The Central Johannesburg College is registered in terms of the CET Colleges Act of 2006 as
amended in 2012. The College operates through eight campuses located within a radius of 15
kilometers in and around the Johannesburg CBD. It is the only public TVET College in the City of
Johannesburg, serving an estimated population of 3 million people. The Central Office, which
provides support services to all the College Campuses, is situated next to the Parktown Campus,
on number 5 Ubla Avenue, Off Princess of Wales Terrace, in Parktown.
The College campuses are categorized as follows:
√ Campus for Engineering Technology (ET);
√ Campus for Enterprise & Business Development (EBD);
√ Campus for Human & Health Services (HHS);
√ Campus for Information & Communications Technology (ICT);
2.2. SCOPE OF REQUIRED GOODS AND SERVICES
The College would like to appoint a suitably qualified service provider to repair, maintain an install
new air-conditioning systems as per Annexure A within CJC campuses for a period of 36 month
on all its 8 campuses as stipulated in 2.1 above with an intention to create a suitable environment
for students and staff where a conducive and safe teaching and learning can take place. The
College requires proposals from reputable and reliable service providers to conduct this service
as a matter of urgency to support the above imperative.
2.3. REQUIREMENTS
Request for quotes from
1. Service providers registered with the relevant body, CIDB ME level 2 minimum
2. vendors who meet CJC procurement requirements
3. vendors with prior experience in the air-conditioning repairs and maintenance capability
4. vendors who will be willing to enter into a 36 months on an as and when required basis contract with CJC
5. Vendors who have the capacity to conduct preventative maintenance on these air conditioners and advice
CJC where replacement of such air-conditioners must take place
NB: DUE TO URGENCY OF THIS BID, BIDDER MUST COMMENCE WITH SERVICES WITHIN 14 DAYS OF BID BEING AWARDED.
3.
CONDITIONS OF THE BID
3.1. Bidders shall not contact the College on any matter relating to their Proposal from the date of
the opening of the proposals to the date the contract is awarded.
3.2. If a firm wishes to bring additional information to the notice of the College, it should do so via email,
on the email address indicated.
3.3. Any effort by the bidder to influence the College in the proposal evaluation, proposal
comparison or contract award decisions may result in the disqualification of the bidder’s
proposal.
3.4. The evaluation of technical proposals will be based on their responsiveness to the Terms of
Reference, applying the evaluation criteria and point system indicated below.
3.5. Each responsive proposal will be given a technical score. A proposal considered to be
unsuitable shall be rejected at this stage if it does not respond to important aspects of the
Terms of Reference.
3.6. The College shall notify bidders of the rejection of their technical proposal after completing the
selection process.
4. LEGISLATIVE FRAMEWORK OF THE BID
4.1. Tax Legislation
4.1.1 Bidder(s) must be compliant when submitting a proposal to the Central Johannesburg TVET
College and remain compliant for the entire contract term with all applicable tax legislation,
including but not limited to the Income Tax Act, 1962 (Act No. 58 of 1962) and Value
Added Tax Act, 1991 (Act No. 89 of 1991).
4.1.2 It is a condition of this bid that the tax matters of the successful bidder are in order, or
that satisfactory arrangements have been made with South African Revenue Service
(SARS) to meet the bidder’s tax obligations.
4.1.3 The Tax Compliance status requirements are also applicable to foreign bidders / individuals
who wish to submit bids.
4.1.4 It is a requirement that bidders grant a written confirmation when submitting this bid that
SARS may on an on-going basis during the tenure of the contract disclose the bidder’s
tax compliance status and by submitting this bid such confirmation is deemed to have
been granted.
4.1.5 Bidders are required to be registered on the Central Supplier Database and the National
Treasury shall verify the bidder’s tax compliance status through the Central Supplier
Database.
4.2. Procurement Legislation
The College has a detailed evaluation methodology premised on its SCM policy, the Preferential
Procurement Policy Framework Act 2000 (Act, No.5 of 2000) and the Broad-Based Black Economic
Empowerment Act, 2003 (Act, No. 53 of 2003).
4.3 Technical Legislation and/or Standards
Bidder(s) should be cognisant of the legislation and standards applicable to the services.
5. TIMELINE AND DATES OF THE BID PROCESS
5.1 All dates and times in this bid are South African standard time. Any time or date in this bid
is subject to change at the College’s discretion.
5.2 The establishment of a time or date in this bid does not create an obligation on the part of
the College to take any action or create any right in any way for any bidder to demand that
any action be taken on the date established.
5.3 The bidder accepts that, if the College extends the deadline for bid submission for any
reason, the requirements of this bid otherwise apply equally to the extended deadline.
6.1 Functional criteria
6.1.1 Functionality points are equal to 100 points. Bidders are required to achieve a minimum score of
70 points on functionality evaluations in order to qualify to be evaluated on Price and BBBEE. All
bidders who do not score the minimum points will be disqualified.
6.1.2 This bid will be evaluated using Functionality as a criterion due to the nature of the required
commodity or service taking into account the quality, reliability, viability and durability of a service
and the bidder’s technical capacity and ability to execute a contract.
6.1.3 All acceptable bids (those meeting all the specified requirements) will be evaluated in terms of the
stipulated criteria and points for functionality.
6.1.4 The College will apply Functionality and the 80/20 Preference Point System in the evaluation of this
RFT.
6.1.5 The functionality points will be allocated in the table below as follows:
6.1.6 Bidders are required to achieve a minimum of 70 points for functionality.
6.1.7 The score for functionality shall be calculated as follows:
6.1.7.1 Each panel member shall award values for each individual criterion on a score sheet. The value
scored for each criterion shall be multiplied with the specified weighting for the relevant criterion to
obtain the marks scored for the various criteria. These marks should be added to obtain the total
score for functionality.
6.1.7.2 The score of each panel member shall be added together and divided by the number of panel
members to establish the average score obtained by each individual bidder for functionality.
6.1.7.3 Please note that the Evaluation Committee will use their own discretion to assess quality of all bid
Item Functionality Points
1
Company Experience and Track Record: Provide project experience demonstrating capability and technical know-how in carrying out works of similar nature and size. A sliding scale of 2 points will be used per project to award points
25 Provide documentation to illustrate skills & qualifications and experience of relevant staff. A qualified technician who can issue an Electrical C.O.C, Gas handling certificate, HVAC and Electrical trade test technician, wire-man’s license and a Pr. Eng. to sign off installations.
20
Provide 3 Contactable References 5
Provide 2 Contactable References 4
Provide 1 Contactable References 3
2
Experience in Mechanical Industry
11 years and more 35
35 7 to 10 years 20
1 to 6 years 10
3
Health and Safety:
10 Qualifications and CV of SHE Officer 10
Health and Safety Plan 5
4
CIDB
20 ME Level of more than 2 20
ME level 2 15
ME Level 1 5
5
Plant and Equipment: Contractor to provide an asset register for plant and equipment to indicate the ratio between owned and leased plant for the project.
Minimum 4 x bakkies 6 10
5 x bakkies or more 10
Total Points 100
proposals received in relation to above functionality criteria and may further verify information
submitted from relevant sources/your clients and use their own discretion to score the bidders
proposal accordingly.
6.1.7.4 It is the responsibility of the bidder to seek clarity by enquiry before submission of the final bid,
where the criteria are construed to be ambiguous or confusing. Should there be a difference of
interpretation between the bidders and the College, the College reserves the right to make a final
ruling on such interpretation.
7.1 Bids that score less than 70 points for functionality will be eliminated from further consideration.
Marks will therefore not be awarded for their cost proposals or for preference.
Out of the 70 points scoring, a minimum of 15 points out of 20 must be from Ability to Maintain, Capacity
to Deliver and Record of Previous Work Done.
8.1 In line with the national imperative of transformation, which is guided by the B-BBEE Codes of good
practice, the organization aims to be a key contributor to socio-economic change in the country. The
Central Johannesburg TVET College will therefore prioritize procurement from businesses certified
at B-BBEE levels 1 and 2. In addition, preference may be given to companies that are at least 51%
black- owned and at least 30% black women owned.
PRICE AND B-BBEE STATUS LEVEL POINTS
9.1 Preference points for this RFT shall be awarded as below:
Criteria Sub-criteria Points
Price Detailed budget breakdown 80
BBBEE Status Level Verification certificate from
accredited verification agencies
BBBEE Level Contributor 20
Total Points 100
9.2 All remaining bids will be evaluated as follows:
9.2.1 The 80/20 preference point system will be applied. Points for price and B-BBEE status level
certificate will be awarded in accordance with the stipulations in the Preference Point Claim Form
in terms of the Preferential Procurement Regulations, 2017.
9.2.2 If appropriate, implied contract price adjustments will be made to the cost proposals of all remaining
bids.
9.2.3 The point scored for the B-BBEE status level certificate for each acceptable bid will now be added
to the price point.
9.2.4 The Evaluation Committee may recommend that the contract be awarded to the bidder obtaining
the highest aggregate mark or to a lower scoring bid on justifiable grounds.
10 ADJUDICATION OF BID
The relevant award structure will consider the recommendations and make the final award. The successful
bidder will usually be the service provider scoring the highest number of points or it may be a lower scoring
bid on justifiable grounds or no award at all.
The bid document will be available on our website www.cjc.edu.za.
The closing date for submissions is 13th September 2020 at 10:00 AM;
No Briefing session will be held for this bid.
Bidder must submit an Original Bid Document with one (1) copy to the College in the manner
prescribed in this bid document
Bidders should ensure that bids are delivered and deposited in the bid box at the College before
or on the closing date and time to the correct physical address. If the bid is late, it will not be
accepted for consideration.
The Bid document must include a cover letter clearly stating the name of the firm and the name,
address, and telephone number of the Bidder’s representative;
Only email enquiries will be attended to;
All quoted prices must be in RSA currency and inclusive of VAT.
All prices and details must be legible / readable to ensure the quote will be considered for
adjudication.
The General Conditions of Contract must be accepted and be initialled per page. The GCC can be
downloaded from the Treasury Website. Please refer to the link below:
http://www.treasury.gov.za/divisions/ocpo/sc/GeneralConditions/General%20Conditions%20of
%20Contract.pdf
All SBD Forms must be fully completed and signed;
Any orders placed within the contract period, will be paid according to the price applicable at the
date of order.
In the event of a mistake having been made on the pricing, it shall be crossed out with ink and
accompanied by signature.
All prices quoted must be inclusive of VAT, be fixed, firm and include delivery charges and goods
must be delivered to the address indicated above.
This bid will be evaluated using functionality and the 80/20 preference point system as stipulated
in the Preferential Procurement Policy Framework Act (Act Number 5 of 2000), as amended. 80%
will be awarded for Price and 20% will be awarded for BBBEE status contributor level.
A bid will be disqualified should any attempt be made by the bidder either directly or indirectly to
canvass the Central Johannesburg TVET College, or any of its officers or employees in respect of
a bid between the date of the bid and the date of the award.
The Central Johannesburg TVET College’s reserves the right to reject any and all bids, and /or
negotiate portions thereof.
The lowest or any bid will not necessarily be accepted, nor will any reason be given or assigned
for the rejection of the bid.
Each bid document supplied is for the Bidder only and may not be copied and submitted by another
service provider.
The Bidder shall furnish any additional information that the College may reasonably require.
The College will not be liable for any costs incurred in the preparation of bids.
The College may ask bidders to send a representative for a Presentation prior to the approval of a
bid. The College will not be liable for the costs incurred by the bidder in connection with such
interview.
The College reserves the right to visit the premises of the bidder if deemed necessary.
Any false declaration of information will result in the exclusion of the bid from consideration.
The bid document will be uploaded onto the College website. For all Procurement, Bid and Technical
related enquiries, prospective bidders may send emails to [email protected] and carbon copy
Should you need to know more about the College, please visit our website at www.cjc.edu.za.
*To ensure a transparent process, only written enquiries will be attended to.
PRICING SCHEDULE – FIRM PRICES
(PURCHASES)
SBD 3.1
NOTE: ONLY FIRM PRICES WILL BE ACCEPTED.
NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT
BE CONSIDERED. IN CASES WHERE DIFFERENT DELIVERY POINTS OF SERVICE INFLUENCE THE
PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT
Name of bidder……………………………………… Bid number: CJC/AIR001/ 2020
Closing Time 10:00AM Closing Date: 13th September 2020
OFFER TO BE VALID FOR 90 DAYS FROM THE CLOSING DATE OF BID.
ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY
NO. (INCLUDING VAT)
01 1
Central Campus
02 1
Alexandra Campus
03 1 Crown Mines
04 1 Ellispark Campus
05 1 Riverlea Campus
06 1 Langlaagte Campus
07 1 Troyville Campus
08 1 Smit Street Campus
Sub Total
15% Value Added Tax
Total Inclusive of all Taxes
- Required by: …………………………………………………………
- At: …………………………………………………………
- Does offer comply with specification? *YES/NO
- If not to specification, indicate deviation(s) …………………………………………………………
SBD 4
MAINTENANCE
1. Any legal person, including persons employed by the state¹, or persons having a kinship with
Persons employed by the state, including a blood relationship, may make an offer or offers in
terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or
proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof,
be awarded to persons employed by the state, or to persons connected with or related to them,
it is required that the bidder or his/her authorised representative declare his/her position in
relation to the evaluating/adjudicating authority where-
- the bidder is employed by the state; and/or
- the legal person on whose behalf the bidding document is signed, has a relationship with
persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or
where it is known that such a relationship exists between the person or persons for or on
whose behalf the declarant acts and persons who are involved with the evaluation and or
adjudication of the bid.
2. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
2.1 Full Name of bidder or his or her representative: ____________________________
2.2 Identity Number:
2.3 Position occupied in the Company (director, trustee, shareholder²):
2.4 Company Registration Number:
2.5 Tax Reference Number: _____________________________________
2.6 VAT Registration Number: _______________________________________
2.6.1 The names of all directors / trustees / shareholders / members, their individual
identity numbers,
tax reference numbers and, if applicable, employee / persal numbers must be indicated in
paragraph 3 below.
¹“State” means –
(a) any national or provincial department, national or provincial public entity or constitutional
institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of
1999);
(b) any municipality or municipal entity;
(c) provincial legislature;
(d) national Assembly or the national Council of provinces; or
(e) Parliament.
²”Shareholder” means a person who owns shares in the company and is actively involved in the management
of the enterprise or business and exercises control over the enterprise.
2.7 Are you or any person connected with the bidder presently employed by the state?
YES/NO If so, furnish the following particulars:
2.7.1 Name of person / director / trustee / shareholder/ member:
Name of state institution at which you or the person connected to the bidder is employed:
___________________________________________________________________
Position occupied in the state institution:
Any other particulars:
2.7.1 If you are presently employed by the state, did you obtain the appropriate authority to undertake
remunerative work outside employment in the public sector? YES / NO
If yes, did you attached proof of such authority to the bid document? YES / NO
(Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of
the bid.
2.7.1.1 If no, furnish reasons for non-submission of such proof:
_
2.8 Did you or your spouse, or any of the company’s directors / trustees / shareholders /
members or their spouses conduct business with the state in the previous twelve months?
YES / NO
2.8.1 If so, furnish particulars:
2.9 Do you, or any person connected with the bidder, have any relationship (family, friend,
other) with a person employed by the state and who may be involved with the evaluation
and or adjudication of this bid? YES / NO
2.9.1 If so, furnish particulars.
2.10 Are you, or any person connected with the bidder, aware of any relationship (family, friend,
other) between any other bidder and any person employed by the state who may be
involved with the evaluation and or adjudication of this bid?
YES / NO
2.10.1 If so, furnish particulars.
2.11 Do you or any of the directors / trustees / shareholders / members of the company have
any interest in any other related companies whether or not they are bidding for this
contract? YES/NO
2.11.1 If so, furnish particulars:
3 Full details of directors / trustees / members / shareholders.
Full Name Identity Number Personal
Tax Reference
Number
State
Employee
Number/
Persal Number
4 DECLARATION
I, THE UNDERSIGNED (NAME):
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF
PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION
PROVE TO BE FALSE.
Signature Date
Position Name of bidder
SBD 6.1
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT
REGULATIONS 2017
This preference form must form part of all bids invited. It contains general information and serves as a
claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level
of Contribution
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,
DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED
IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable
taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable
taxes included).
1.2
a) The value of this bid is estimated to exceed/not exceed R50 000 000 (all applicable taxes
included) and therefore the ................. preference point system shall be applicable; or
b) Either the 80/20 or 90/10 preference point system will be applicable to this bid (delete
whichever is not applicable for this bid).
1.3 Points for this bid shall be awarded for:
a) Price; and
b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTOR 20
Total points for Price and B-BBEE must not exceed 100
1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together
with
the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution
are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or
at any
time subsequently, to substantiate any claim in regard to preferences, in any manner required by
the purchaser.
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the
Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code
of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-
Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an
organ of state for the provision of goods or services, through price quotations, advertised
competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic
Empowerment Act, 2003 (Act No. 53 of 2003);
(e) “functionality” means the ability of a bidder to provide goods or services in accordance with
specifications as set out in the bid documents.
(f) “prices” includes all applicable taxes less all unconditional discounts;
(g) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on
black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black
Economic Empowerment Act;
(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of
the
bid invitation, and includes all applicable taxes;
3. POINTS AWARDED FOR PRICE
3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 80 or 90 points is allocated for price on the following basis:
80/20 or 90/10
Pt P min Pt P min
Ps 80 1 or Ps 90 1
P min P min
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations,
preference points must be awarded to a bidder for attaining the B-BBEE status level of
contribution in accordance with the table below:
B-BBEE Status Level of
Contributor
Number of points
(90/10 system)
Number of points
(80/20 system)
1 10 20
2 9 18
3 6 14
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant contributor 0 0
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must
complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4
AND 4.1
6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph
4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted? (Tick applicable box)
YES NO
7.1.1 If yes, indicate:
i) What percentage of the contract will be subcontracted. ...........................................
% ii) The name of the sub-
contractor………………………………………………………….. iii) The B-BBEE status level
of the sub-contractor......................................……………..
iv) Whether the sub-contractor is an EME or QSE (Tick
applicable box)
YES NO
v) Specify, by ticking the appropriate box, if
subcontracting with an enterprise in terms of
Preferential Procurement Regulations,2017:
Designated Group: An EME or QSE which is at last 51% owned
by:
EME
√
QSE
√
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE
8. DECLARATION WITH REGARD TO COMPANY/FIRM
8.1 Name of company/firm:
8.2 VAT registration number: ___________________________________
8.3 Company registration number: ________________________________
8.4 TYPE OF COMPANY/ FIRM
Partnership/ Joint Venture/ Consortium
One person business/ sole propriety
Close Corporation
(Pty) Limited
[ TICK APPLICABLE BOX]
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
8.6 COMPANY CLASSIFICATION
Manufacturer
Supplier
Professional service provider
Other service providers, e. g. transporter, etc.
[ TICK APPLICABLE BOX]
8.7 Total number of years the company/firm has been in business:
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,
certify
that the points claimed, based on the B-BBE status level of contributor indicated in
paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the
preference(s) shown and I / we acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof
to the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent
basis or any of the conditions of contract have not been fulfilled, the purchaser may, in
addition to any other remedy it may have
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result of that
person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result of having
to make less favourable arrangements due to such cancellation;
(d) recommend that the bidder or contractor, its shareholders and directors, or only the
shareholders and directors who acted on a fraudulent basis, be restricted by the
National Treasury from obtaining business from any organ of state for a period not
exceeding 10 years, after the audi alteram partem (hear the other side) rule has been
applied; and
(e) forward the matter for criminal prosecution.
WITNESSES
1. ……………………………………..
2. …………………………………….
____________________________ ……………………………………….
SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
ADDRESS
…………………………………..
…………………………………..
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT
PRACTICES
SBD
8
1 This Standard Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by institutions in ensuring that when goods and services
are being procured, all reasonable steps are taken to combat the abuse of the supply chain
management system.
3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-
a. abused the institution’s supply chain management system;
b. committed fraud or any other improper conduct in relation to such system; or
c. failed to perform on any previous contract.
4 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted
Suppliers as companies or persons prohibited from doing business with the public sector?
(Companies or persons who are listed on this Database were informed in writing of this restriction
by the Accounting Officer/Authority of the institution that imposed the restriction after the audi
alteram partem rule was applied). The Database of Restricted Suppliers now resides on the
National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at
the bottom of the home page.
Yes
No
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Bid Defaulters in terms of section 29
of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?
The Register for Bid Defaulters can be accessed on the National Treasury’s website
(www.treasury.gov.za) by clicking on its link at the bottom of the home page.
Yes
No
4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the
Republic of South Africa) for fraud or corruption during the past five years?
Yes
No
4.3.1 If so, furnish particulars:
4.4 Was any contract between the bidder and any organ of state terminated during the past five years
on account of failure to perform on or comply with the contract? Yes
No
4.4.1 If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND
CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE
TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
Signature Date
Position Name of Bidder
CERTIFICATE OF INDEPENDENT BID DETERMINATION
SBD 9
I, the undersigned, in submitting the accompanying bid:
(Bid Number and Description):
in response to the invitation for the bid made by (Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of (Name of Bidder): that:
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true
and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf
of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the bidder
to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word
“competitor” shall include any individual or organization, other than the bidder, whether or not
affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line of
business as the bidder
6. The bidder has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor. However, communication
between partners in a joint venture or consortium³ will not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of
the
bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements with
any competitor regarding the quality, quantity, specifications and conditions or delivery particulars
of the products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly
or indirectly, to any competitor, prior to the date and time of the official bid opening or of the
awarding of the contract.
³ Joint venture or Consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the
Central Johannesburg TVET College for investigation and possible imposition of administrative
penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to
the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from
conducting business with the public sector for a period not exceeding ten (10) years in terms of the
Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable
legislation.
Signature Date
Name of Bidder Date
GOVERNMENT PROCUREMENT GENERAL
CONDITIONS OF CONTRACT
Notes The purpose of this document is to draw special attention to certain general conditions
applicable to government bids, contracts and orders; and to ensure that clients be
familiar with regard to the rights and obligations of all parties involved in doing
business with government. In this document words in the singular also mean in the
plural and vice versa and words in the masculine also mean in the feminine and
neuter. The General Conditions of Contract will form part of all bid documents and
may not be amended. Special Conditions of Contract (SCC) relevant to a specific bid,
should be compiled separately for every bid (if applicable) and will supplement the
General Conditions of Contract. Whenever there is a conflict, the provisions in the
SCC shall prevail.
General
Conditions of
Contract
Definitions
The following terms shall be interpreted as indicated:
1.1 “Closing time” means the date and hour specified in the bidding documents for the
receipt of bids.
1.2 “Contract” means the written agreement entered into between the purchaser and
the supplier, as recorded in the contract form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference
therein.
1.3 “Contract price” means the price payable to the supplier under the contract for the
full and proper performance of his contractual obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of
value to influence the action of a public official in the procurement process or in
contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is
subsidized by its government and encouraged to market its products
internationally.
1.6 “Country of origin” means the place where the goods were mined, grown or
produced or from which the services are supplied. Goods are produced when,
through manufacturing, processing or substantial and major assembly of
components, a commercially recognized new product results that is substantially
different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in
the specified store or depot or on the specified site in compliance with the
conditions of the contract or order, the supplier bearing all risks and charges
involved until the supplies are so delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own
initiative in the RSA at lower prices than that of the country of origin and which
have the potential to harm the local industries in the RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and not
involving the supplier’s fault or negligence and not foreseeable. Such events may
include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars
or revolutions, fires, floods, epidemics, quarantine restrictions and freight
embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of any bidder,
and includes collusive practice among bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive levels and to deprive
the bidder of the benefits of free and open competition.
1.14 “GCC” means the General Conditions of Contract.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the
supplier is required to supply to the purchaser under the contract.
1.16 “Imported content” means that portion of the bidding price represented by the
cost of components, parts or materials which have been or are still to be imported
(whether by the supplier or his subcontractors) and which costs are inclusive of
the costs abroad, plus freight and other direct importation costs such as landing
costs, dock dues, import duty, sales duty or other similar tax or duty at the South
African place of entry as well as transportation and handling charges to the factory
in the Republic where the supplies covered by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not included in
the imported content provided that local manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using labour,
materials, components and machinery and includes other related value-adding
activities.
1.19 “Order” means an official written order issued for the supply of goods or works
or the rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in bidding documents.
1.21 “Purchaser” means the organization purchasing the goods.
1.22 “Republic” means the Republic of South Africa.
1.23 “SCC” means the Special Conditions of Contract.
1.24 “Services” means those functional services ancillary to the supply of the goods,
such as transportation and any other incidental services, such as installation,
commissioning, provision of technical assistance, training, catering, gardening,
security, maintenance and other such obligations of the supplier covered under
the contract.
1.25 “Written” or “in writing” means handwritten in ink or any form of electronic or
mechanical writing.
Application These general conditions are applicable to all bids, contracts and orders including
bids for functional and professional services, sales, hiring, letting and the granting or
acquiring of rights, but excluding immovable property, unless otherwise indicated in
the bidding documents. Where applicable, special conditions of contract are also laid
down to cover specific supplies, services or works. Where such special conditions of
contract are in conflict with these general conditions, the special conditions shall
apply.
General Unless otherwise indicated in the bidding documents, the purchaser shall not be liable
for any expense incurred in the preparation and submission of a bid. Where applicable
a non-refundable fee for documents may be charged. With certain exceptions,
invitations to bid are only published in the Government Bid Bulletin. The Government
Bid Bulletin may be obtained directly from the Government Printer,
Private Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za.
Standards The goods supplied shall conform to the standards mentioned in the bidding
documents and specifications.
Use of
contract
documents and
information;
inspection
The supplier shall not, without the purchaser’s prior written consent, disclose the
contract, or any provision thereof, or any specification, plan, drawing, pattern, sample,
or information furnished by or on behalf of the purchaser in connection therewith, to
any person other than a person employed by the supplier in the performance of the
contract. Disclosure to any such employed person shall be made in confidence and
shall extend only so far as may be necessary for purposes of such performance. The
supplier shall not, without the purchaser’s prior written consent, make use of any
document or information mentioned in GCC clause except for purposes of performing
the contract. Any document, other than the contract itself mentioned in GCC clause
shall remain the property of the purchaser and shall be returned (all copies) to the
purchaser on completion of the supplier’s performance under the contract if so
required by the purchaser. The supplier shall permit the purchaser to inspect the
supplier’s records relating to the performance of the supplier and to have them audited
by auditors appointed by the purchaser, if so required by the purchaser.
Patent rights The supplier shall indemnify the purchaser against all third-party claims of
infringement of patent, trademark, or industrial design rights arising from use of the
goods or any part thereof by the purchaser.
Performance
Security
Within thirty (30) days of receipt of the notification of contract award, the successful
bidder shall furnish to the purchaser the performance security of the amount specified
in SCC. The proceeds of the performance security shall be payable to the purchaser
as compensation for any loss resulting from the supplier’s failure to complete his
obligations under the contract. The performance security shall be denominated in the
currency of the contract, or in a freely convertible currency acceptable to the
purchaser and shall be either a bank guarantee or an irrevocable letter of credit issued
by a reputable bank located in the purchaser’s country or abroad, acceptable to the
purchaser, in the form provided in the bidding documents or another form acceptable
to the purchaser; or a cashier’s or certified cheque. The performance security will be
discharged by the purchaser and returned to the supplier not later than thirty (30) days
following the date of completion of the supplier’s performance obligations under the
contract, including any warranty obligations, unless otherwise specified in SCC.
Inspections,
tests and
analyses
All pre-bidding testing will be for the account of the bidder. If it is a bid condition that
supplies to be produced or services to be rendered should at any stage during
production or execution or on completion be subject to inspection, the premises of the
bidder or contractor shall be open, at all reasonable hours, for inspection by a
representative of the Department or an organization acting on behalf of the
Department. If there are no inspection requirements indicated in the bidding
documents and no mention is made in the contract, but during the contract period it
is decided that inspections shall be carried out, the purchaser shall itself make the
necessary arrangements, including payment arrangements with the testing authority
concerned. If the inspections, tests and analyses show the supplies to be in
accordance with the contract requirements, the cost of the inspections, tests and
analyses shall be defrayed by the purchaser. Where the supplies or services comply
with the contract requirements, irrespective of whether such supplies or services are
accepted or not, the cost in connection with these inspections, tests or analyses shall
be defrayed by the supplier. Supplies and services which do not comply with the
contract requirements may be rejected. Any contract supplies may on or after delivery
be inspected, tested or analyzed and may be rejected if found not to comply with the
requirements of the contract. Such rejected supplies shall be held at the cost and risk
of the supplier who shall, when called upon, remove them immediately at his own cost
and forthwith substitute them with supplies which do comply with the requirements of
the contract. Failing such removal the rejected supplies shall be returned at the
suppliers cost and risk. Should the supplier fail to provide the substitute supplies
forthwith, the purchaser may, without giving the supplier further opportunity to
substitute the rejected supplies, purchase such supplies as may be necessary at the
expense of the supplier. The provisions shall not prejudice the right of the purchaser
to cancel the contract on account of a breach of the conditions thereof, or to act in
terms of clauses of GCC.
Packing The supplier shall provide such packing of the goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the
contract. The packing shall be sufficient to withstand, without limitation, rough
handling during transit and exposure to extreme temperatures, salt and precipitation
during transit, and open storage. Packing, case size and weights shall take into
consideration, where appropriate, the remoteness of the goods’ final destination and
the absence of heavy handling facilities at all points in transit. The packing, marking,
and documentation within and outside the packages shall comply strictly with such
special requirements as shall be expressly provided for in the contract, including
additional requirements, if any, specified in SCC, and in any subsequent instructions
ordered by the purchaser.
Delivery and
Documents
Delivery of the goods shall be made by the supplier in accordance with the terms
specified in the contract. The details of shipping and/or other documents to be
furnished by the supplier are specified in SCC. Documents to be submitted by the
supplier are specified in SCC.
Insurance The goods supplied under the contract shall be fully insured in a freely convertible
currency against loss or damage incidental to manufacture or acquisition,
transportation, storage and delivery in the manner specified in the SCC.
Transportation Should a price other than an all-inclusive delivered price be required, this shall be
specified in the SCC.
Incidental
services
The supplier may be required to provide any or all of the services, including additional
services, if any, specified in SCC, including a) performance or supervision of on-site
assembly and/or commissioning of the supplied goods; (b) furnishing of tools required
for assembly and/or maintenance of the supplied goods; (c) furnishing of a detailed
operations and maintenance manual for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods,
for a period of time agreed by the parties, provided that this service shall not relieve
the supplier of any warranty obligations under this contract; and (e) training of the
purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up,
operation, maintenance, and/or repair of the supplied goods. Prices charged by the
supplier for incidental services, if not included in the contract price for the goods, shall
be agreed upon in advance by the parties and shall not exceed the prevailing rates
charged to other parties by the supplier for similar services.
Spare parts As specified in SCC, the supplier may be required to provide any or all of the following
materials, notifications, and information pertaining to spare parts manufactured or
distributed by the supplier: (a) such spare parts as the purchaser may elect to
purchase from the supplier, provided that this election shall not relieve the supplier of
any warranty obligations under the contract; and (b) in the event of termination of
production of the spare parts: (i) Advance notification to the purchaser of the pending
termination, in sufficient time to permit the purchaser to procure needed requirements;
and (ii) following such termination, furnishing at no cost to the purchaser, the
blueprints, drawings, and specifications of the spare parts, if requested
Warranty The supplier warrants that the goods supplied under the contract are new, unused, of
the most recent or current models, and that they incorporate all recent improvements
in design and materials unless provided otherwise in the contract. The supplier further
warrants that all goods supplied under this contract shall have no defect, arising from
design, materials, or workmanship (except when the design and/or material is
required by the purchaser’s specifications) or from any act or omission of the supplier,
that may develop under normal use of the supplied goods in the conditions prevailing
in the country of final destination. This warranty shall remain valid for twelve (12)
months after the goods, or any portion thereof as the case may be, have been
delivered to and accepted at the final destination indicated in the contract, or for
eighteen (18) months after the date of shipment from the port or place of loading in
the source country, whichever period concludes earlier, unless specified otherwise in
SCC. The purchaser shall promptly notify the supplier in writing of any claims arising
under this warranty. Upon receipt of such notice, the supplier shall, within the period
specified in SCC and with all reasonable speed, repair or replace the defective goods
or parts thereof, without costs to the purchaser. If the supplier, having been notified,
fails to remedy the defect(s) within the period specified in SCC, the purchaser may
proceed to take such remedial action as may be necessary, at the supplier’s risk and
expense and without prejudice to any other rights which the purchaser may have
against the supplier under the contract.
Payment The method and conditions of payment to be made to the supplier under this contract
shall be specified in SCC. The supplier shall furnish the purchaser with an invoice
accompanied by a copy of the delivery note and upon fulfillment of other obligations
stipulated in the contract. Payments shall be made promptly by the purchaser, but in
no case later than thirty (30) days after submission of an invoice or claim by the
supplier. Payment will be made in Rand unless otherwise stipulated in SCC.
Prices Prices charged by the supplier for goods delivered and services performed under the
contract shall not vary from the prices quoted by the supplier in his bid, with the
exception of any price adjustments authorized in SCC or in the purchaser’s request
for bid validity extension, as the case may be.
Contract
Amendments
No variation in or modification of the terms of the contract shall be made except by
written amendment signed by the parties concerned.
Assignment The supplier shall not assign, in whole or in part, its obligations to perform under the
contract, except with the purchaser’s prior written consent.
Subcontracts The supplier shall notify the purchaser in writing of all subcontracts awarded under this
contract if not already specified in the bid. Such notification, in the original bid or later,
shall not relieve the supplier from any liability or obligation under the contract.
Delays in the
supplier’s
performance
Delivery of the goods and performance of services shall be made by the supplier in
accordance with the time schedule prescribed by the purchaser in the contract. If at
any time during performance of the contract, the supplier or its subcontractor(s)
should encounter conditions impeding timely delivery of the goods and performance
of services, the supplier shall promptly notify the purchaser in writing of the fact of the
delay, its likely duration and its cause(s). As soon as practicable after receipt of the
supplier’s notice, the purchaser shall evaluate the situation and may at his discretion
extend the supplier’s time for performance, with or without the imposition of penalties,
in which case the extension shall be ratified by the parties by amendment of contract.
No provision in a contract shall be deemed to prohibit the obtaining of supplies or
services from a national department, provincial department, or a local authority. The
right is reserved to procure outside of the contract small quantities or to have minor
essential services executed if an emergency arises, the supplier’s point of supply is
not situated at or near the place where the supplies are required, or the supplier’s
services are not readily available. Except as provided, a delay by the supplier in the
performance of its delivery obligations shall render the supplier liable to the imposition
of penalties, unless an extension of time is agreed upon pursuant to GCC without the
application of penalties. Upon any delay beyond the delivery period in the case of a
supplies contract, the purchaser shall, without cancelling the contract, be entitled to
purchase supplies of a similar quality and up to the same quantity in substitution of
the goods not supplied in conformity with the contract and to return any goods
delivered later at the supplier’s expense and risk, or to cancel the contract and buy
such goods as may be required to complete the contract and without prejudice to his
other rights, be entitled to claim damages from the supplier
Penalties If the supplier fails to deliver any or all of the goods or to perform the services within
the period(s) specified in the contract, the purchaser shall, without prejudice to its
other remedies under the contract, deduct from the contract price, as a penalty, a sum
calculated on the delivered price of the delayed goods or unperformed services using
the current prime interest rate calculated for each day of the delay until actual delivery
or performance. The purchaser may also consider termination of the contract.
Termination for
default
The purchaser, without prejudice to any other remedy for breach of contract, by written
notice of default sent to the supplier, may terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified
in the contract, or within any extension thereof granted by the purchaser (b) if the
Supplier fails to perform any other obligation(s) under the contract; or (c) if the
supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent
practices in competing for or in executing the contract. In the event the purchaser
terminates the contract in whole or in part, the purchaser may procure, upon such
terms and in such manner as it deems appropriate, goods, works or services similar
to those undelivered, and the supplier shall be liable to the purchaser for any excess
costs for such similar goods, works or services. However, the supplier shall continue
performance of the contract to the extent not terminated. Where the purchaser
terminates the contract in whole or in part, the purchaser may decide to impose a
restriction penalty on the supplier by prohibiting such supplier from doing business
with the public sector for a period not exceeding 10 years. If a purchaser intends
imposing a restriction on a supplier or any person associated with the supplier, the
supplier will be allowed a time period of not more than fourteen (14) days to provide
reasons why the envisaged restriction should not be imposed. Should the supplier fail
to respond within the stipulated fourteen (14) days the purchaser may regard the
intended penalty as not objected against and may impose it on the supplier. Any
restriction imposed on any person by the Accounting Officer /Authority will, at the
discretion of the Accounting Officer / Authority, also be applicable to any other
enterprise or any partner, manager, director or other person who wholly or partly
exercises or exercised or may exercise control over the enterprise of the first-
mentioned person, and with which enterprise or person the first-mentioned person, is
or was in the opinion of the Accounting Officer / Authority actively associated. If a
restriction is imposed, the purchaser must, within five (5) working days of such
imposition, furnish the National Treasury, with the following information: (i) the name
and address of the supplier and / or person restricted by the purchaser; (ii) the date
of commencement of the restriction (iii) the period of restriction; and (iv) the reasons
for the restriction. These details will be loaded in the National Treasury’s central
database of suppliers or persons prohibited from doing business with the public
sector. If a court of law convicts a person of an offence as contemplated in sections
12 or 13 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004,
the court may also rule that such person’s name be endorsed on the Register for Bid
Defaulters. When a person’s name has been endorsed on the Register, the person
will be prohibited from doing business with the public sector for a period not less than
five years and not more than 10 years. The National Treasury is empowered to
determine the period of restriction and each case will be dealt with on its own merits.
According to section 32 of the Act the Register must be open to the public. The Register
can be perused on the National Treasury website.
Anti-dumping
and
countervailing
duties
and
rights
When, after the date of bid, provisional payments are required, or antidumping or
countervailing duties are imposed, or the amount of a provisional payment or anti-
dumping or countervailing right is increased in respect of any dumped or subsidized
import, the State is not liable for any amount so required or imposed, or for the amount
of any such increase. When, after the said date, such a provisional payment is no
longer required or any such anti-dumping or countervailing right is abolished, or where
the amount of such provisional payment or any such right is reduced, any such
favorable difference shall on demand be paid forthwith by the contractor to the State
or the State may deduct such amounts from moneys (if any) which may otherwise be
due to the contractor in regard to supplies or services which he delivered or rendered,
or is to deliver or render in terms of the contract or any other contract or any other
amount which may be due to him.
Force
Majeure
Notwithstanding the provisions of GCC Clauses, the supplier shall not be liable for
forfeiture of its performance security, damages, or termination for default if and to the
extent that his delay in performance or other failure to perform his obligations under
the contract is the result of an event of force majeure. If a force majeure situation
arises, the supplier shall promptly notify the purchaser in writing of such condition and
the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier
shall continue to perform its obligations under the contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance not
prevented by the force majeure event.
Termination for
insolvency
The purchaser may at any time terminate the contract by giving written notice to the
supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,
termination will be without compensation to the supplier, provided that such
termination will not prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the purchaser.
Settlement of
Disputes
If any dispute or difference of any kind whatsoever arises between the purchaser and
the supplier in connection with or arising out of the contract, the parties shall make
every effort to resolve amicably such dispute or difference by mutual consultation. If,
after thirty (30) days, the parties have failed to resolve their dispute or difference by
such mutual consultation, then either the purchaser or the supplier may give notice to
the other party of his intention to commence with mediation. No mediation in respect
of this matter may be commenced unless such notice is given to the other party.
Should it not be possible to settle a dispute by means of mediation, it may be settled
in a South African court of law. Mediation proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC. Notwithstanding any
reference to mediation and/or court proceedings herein, (a) the parties shall continue
to perform their respective obligations under the contract unless they otherwise agree;
and (b) the purchaser shall pay the supplier any monies due the supplier.
Limitation of
liability
Except in cases of criminal negligence or willful misconduct, and in the case of
infringement pursuant to Clause 6; (a) the supplier shall not be liable to the purchaser,
whether in contract, tort, or otherwise, for any indirect or consequential loss or
damage, loss of use, loss of production, or loss of profits or interest costs, provided
that this exclusion shall not apply to any obligation of the supplier to pay penalties
and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the
purchaser, whether under the contract, in tort or otherwise, shall not exceed the total
contract price, provided that this limitation shall not apply to the cost of repairing or
replacing defective equipment.
Governing
Language
The contract shall be written in English. All correspondence and other documents
pertaining to the contract that is exchanged by the parties shall also be written in
English.
Applicable law The contract shall be interpreted in accordance with South African laws, unless
otherwise specified in SCC.
Notices Every written acceptance of a bid shall be posted to the supplier concerned by
registered or certified mail and any other notice to him shall be posted by ordinary
mail to the address furnished in his bid or to the address notified later by him in writing
and such posting shall be deemed to be proper service of such notice 31.2 The time
mentioned in the contract documents for performing any act after such aforesaid
notice has been given, shall be reckoned from the date of posting of such notice.
Taxes and
duties
A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees,
and other such levies imposed outside the purchaser’s country. A local supplier shall
be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery
of the contracted goods to the purchaser. No contract shall be concluded with any
bidder whose tax matters are not in order. Prior to the award of a bid the Department
must be in possession of a tax clearance certificate, submitted by the bidder. This
certificate must be an original issued by the South African Revenue Services.
National
Industrial
Participation
Programme
The NIP Programme administered by the Department of Trade and Industry shall be
applicable to all contracts that are subject to the NIP obligation.
Prohibition of
Restrictive
practices
In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, an
agreement between, or concerted practice by, firms, or a decision by an association of
firms, is prohibited if it is between parties in a horizontal relationship and if a bidder (s)
is / are or a contractor(s) was / were involved in collusive bidding (or bid rigging). If a
bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the
purchaser, has / have engaged in the restrictive practice referred to above, the
purchaser may refer the matter to the Central Johannesburg TVET College for
investigation and possible imposition of administrative penalties as contemplated in the
Competition Act No. 89 of 1998. If a bidder(s) or contractor(s), has / have been found
guilty by the Central Johannesburg TVET College of the restrictive practice referred to
above, the purchaser may, in addition and without prejudice to any other remedy
provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the
contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting
business with the public sector for a period not exceeding ten (10) years and / or claim
damages from the bidder(s) or contractor(s) concerned.
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